Sunday, May 24, 2020
Climate Change And The Quest For Clean Energy - 1604 Words
Climate Change and the Quest for Clean Energy Final Exam YALE STUDENT ID: _______________914684600________________________ Part A (select one question to answer): 2. Maurice Strong (the Secretary General of the 1992 Rio Earth Summit) liked to distinguish between ââ¬Å"successâ⬠and ââ¬Å"real successâ⬠in international agreements. Discuss the 2015 Paris climate change agreement with regard to whether it represents success or real success. Last week at Yale School of Forestry and Environmental Studies, Ms. Christiana Figueres, the charismatic Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC) since 2010, gave a talk highlighting the great outcome presented at COP-21 meeting last December in Paris. She referred to theâ⬠¦show more contentâ⬠¦There is no policy issue with such complex distribution of costs and benefits as climate change, making really problematic to assign responsibilities among the parties involved. As a result, we observed a huge implementation and accountability gap that accumulated throughout the past negotiations2. The crucial long-term global governance ended up compromised by the shortsighted political and sectorial administrative systems, always tending to consider only immediate national interests. In that sense, the Paris Agreement can be seen as a success since it accomplished to bring to the table more than 180 countries to commit to a common goal. Not only th at, countries submitted their voluntary plans for reducing carbon emissions with the formulation of the ââ¬Ëintended nationally determined contributionsââ¬â¢ (INDCââ¬â¢s). Like Ms. Figueres said ââ¬Å"the Agreement sets an incontrovertible new direction toward a cleaner energy futureâ⬠1. She also acknowledges it only represents a step into a long and hard process. Needless to say, real success will require a lot of hard work and steady efforts to take the Agreementââ¬â¢s spirit and vision to concrete advances. Still on the successes of building up a momentum for action, the climate agreement conveyed the collaboration of a broad set of actors to strengthen the commitments. The top-down approach of relying on national governments as leaders for climate response is now being reframed towards a more inclusive space for action. Much
Sunday, May 17, 2020
International Chamber of Commerce (Icc) - 1031 Words
Introduction * The International Chamber of Commerce (ICC) is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise. * A world network of national committees keeps the ICC International Secretariat in Paris informed about national and regional business priorities. More than 2,000 experts drawn from ICCââ¬â¢s member companies feed their knowledge and experience into crafting the ICC stance on specific business issues. History of the International Chamber of Commerce The ICCs origins * The International Chamber of Commerce was founded in 1919 with an overriding aim that remains unchanged:â⬠¦show more contentâ⬠¦* Together with the United Nations Conference on Trade and Development (UNCTAD), ICC helps some of the worlds poorest countries to attract foreign direct investment. * In partnership with UNCTAD, ICC has set up an Investment Advisory Council for the least-developed countries. * ICC mobilizes business support for the New Partnership for Africas Development. At ICC World Congresses every two years, business executives tackle the most urgent international economic issues. * Regular ICC regional con-ferences focus on the concerns of business in Africa, Asia, the Arab World and Latin America. Governing bodies World Council * ICCs supreme governing body is the World Council, consisting of representatives of national committees. * The World Council elects ICCââ¬â¢s highest officers, including the Chairman and the Vice-Chairman, each of whom serves a two-year term. * The Chairman, Vice-Chairman and the Honorary Chairman (the immediate past Chairman) provide the organization with high-level world leadership. They play an important role in ICC section. National Committees * In 90 of the worldââ¬â¢s nations, members have established formal ICC structures called national committees. * In countries where there is no national committee, companies and organizations such as chambers ofShow MoreRelatedImportance of Incoterms1539 Words à |à 7 Pagesby outlining exactly who is obligated to take control, pay costs or passing of risk of loss or damage at a particular point in the shipping process. The INCOTERMS were created by the ICC and regulate the rights and obligations of buyers and sellers in international commodity handling. The incoterms are international rules for structuring a particular group of contractual clauses that are used in commercial agreements. Incoterms identify the physical point in the supply chain where risk of loss orRead MoreAssignment of Business Law Essay904 Words à |à 4 Pages Business law | CASE STUDY ONSESAMWARE | | | | | SUBMITTED BY:Randeep SinghVarinder GillLovedeep Singh | CASE STUDY History Sesamware is a Japanese software company which is very popular for open source software. Sesamware got international approval with an online multiplayer fantasy dimension game, Para World in mid-1990. Para world was very popular in the world between 2001 and 2004. Firstly, it was installed as part of the bundle downloaded by hundreds of millions of gamers aroundRead MoreInternational Business factor1439 Words à |à 6 Pagesï » ¿Since the Second World War, international business appeared as the main economic factor responding to postwar needs. Nowadays, globalisation has increased the facility of international exchange and has risen the multicultural needs.The increase in demand for international products has resulted in large possibilities to do business abroad. However, it is really complicate to import or export without knowledge in this area. Global business is all of the commercial exchanges which involve more thanRead MoreMcDonald, unethical marketing?821 Words à |à 4 Pa gesare come into question in terms of ethnicity. In the following essay, some of those unethical issues of McDonald being criticized will be analyzed based on the values-oriented framework, which refers to the AMA Statement of Ethics and ICC International Code of Advertising Practice. Successful marketing could seize the opportunity according to the need of the public, giving people what they want while maintaining profitable. In response to the changing customer tastes towardsRead MoreCustomer Centric Organization, Excellent Management Flexibility836 Words à |à 4 PagesStrengths â⬠¢ Biggest e-commerce retailer â⬠¢ AmazonPrime membership, free-shipping â⬠¢ Leader in the cloud â⬠¢ High market share â⬠¢ Global brand reputation â⬠¢ Kindle eBook market â⬠¢ Evolving unique production â⬠¢ Customer-centric organization, excellent management flexibility â⬠¢ Variety of products and services Weaknesses â⬠¢ Potential patent infringement â⬠¢ Outages on Amazonââ¬â¢s web servers â⬠¢ Licensing issues with eBooks Opportunities â⬠¢ Rising opportunities in e-commerce sales â⬠¢ Advertising through social mediaRead MoreTransfer Of Risks Of International Sales Of Goods1904 Words à |à 8 PagesTransfer of risks in international sales of goods Item 1 Monograph Atiyah P. S, Adams J. N, MacQueen H, The Sale of Goods ( 11th ed, Pearson Education Limited 2005) This book focus on the domestic law of sale of goods. Chapter 20 in this book introduce transfer of risk and frustration of contrast in Sale of Goods Act 1979. Firstly, this chapter give me a well-rounded and clear understanding about the risk in the international sale of goods by comparing the distinction between the doctrines ofRead MoreManagement756 Words à |à 4 Pageschampions for green issues on the local and international stage 2. Domestic policies and the success of policy frameworks to successfully promote renewable energy and green growth in home market 3. Cleantech Investment and the perceived opportunities and cleantech investment climate in each country 4. Green tourism and the level of commitment to promoting sustainable tourism through government[citation needed] The International Chamber of Commerce (ICC) representing global business definesRead MoreImpact Of Globalization On Business And Foreign Markets990 Words à |à 4 Pagesinterconnections of various markets. It is social and technological trends that shows policy changes. When looking at economics worldwide one has to consider the history of trade, the relationship of tariffs, and the standards in the industries. International trade indicates a large part of the economic research of production growth. Market size has grown from exports of a companiesââ¬â¢ products. By exporting a company learns about the foreign markets. The company may gain some expertise from feedbackRead MoreThe International Business World Before You Enter It For The Country Of Hong Kong2539 Words à |à 11 PagesWhen expanding a particular business internationally, you need to have a clear understanding of the international business world before you enter it for great business success in the country of Hong Kong. Hong Kong will definitely be investigated towards as to find out whether it is or is not a desirable and appropriate location for the expansion of Infinite Health. Final decisions will then be based on cultural issues, beliefs and ease of doing business in this particular country. 1.0 EssentialRead MoreLanguage of Trade: International Commerce Terms2060 Words à |à 9 PagesRunning head: Language of Trade Language of Trade: International Commerce Terms International Logistics Management, TLMT 342 Professor February 21, 2010 Abstract International Trade has been a long standing practice between foreign nationals. Countries require commodities or goods from other countries for their needs. They in turn provide the reciprocal thus enhancing the countries development and economics. Because of the cultural and foreign business barriers
Thursday, May 14, 2020
Essay about Work File Review Parenting 1.3 - 1194 Words
Work File Review: Parenting 1.3 Site 1 Using the article raising your $220,000 baby determine answers to the following. 1. Based on your reading the cost of raising a second child for a Typical income family is $222,360 Lower income family is $411,210 Higher income family is $160,410 2. What are three costs that are left out of the average amount? a. College Student expenses b. Lost incomes of family members c. Personal family expenses (medical bills or private schools etc.) Refer to the How much will your family spend chart to answer the following 3. Rank the categories of expenses from the most costly to least costly. Housing, Care/School, Food, Transportation, Health, Misc., Clothing 4. Analyze whichâ⬠¦show more contentâ⬠¦Fence in home pools. Poisoning Keep cleaning supplies in a child proof cabinet Use child-proof caps and keep all medicines out of childrenââ¬â¢s reach Burns Fires NEVER leave candles burning in empty room. Keep loose clothing and hair away from stove. Choking Avoid hard candies, nuts and seeds Avoid toys smaller than the childââ¬â¢s hands and keep small objects out of childrenââ¬â¢s reach such as paper clips, pins, and coins. Firearms Avoid storing guns in the home. If guns are in the home, keep shells/ammunition in a separate area and NEVER have a loaded gun in the home. The firearm information will not be found on the Mayo Clinic web site. The above is a crucial safety method regarding firearms and keeping children safe. (If guns are in the home, keep shells/ammunition in a separate area and NEVER have a loaded gun in the home.) Site 5 Identify the technique in dealing with teens and pre-teens. Pretend you are the parent in these situations. Excessive phone use/bills are brought up during this time. Techniques that should be used are Listening for Feelings and Praise Good Behavior, so that the teen doesnââ¬â¢t feel attacked by parents. I would use ââ¬Å"Iââ¬â¢ Statements and Reflective Listening when talking to them and finally we would Solve Problems Together and Follow Through With Decisions. Bobby, the oldest son, has kept his room clean for two weeks without being told to pick up. You make a point of pointing thisShow MoreRelatedChildren Of Poverty And Poverty1722 Words à |à 7 Pagesdeficits in children s nutritional status, which are associated with poverty. Stunting (low height for age), a measure of nutritional status, is more prevalent among poor than children who are not poor. Children living below the poverty threshold are 1.3 times as likely as non-poor children to experience learning disabilities and developmental delays. The effects of long term poverty on measures of children s cognitive ability were significantly greater than the effects of short term poverty. LaddRead MoreIapt Essay5419 Words à |à 22 Pagesthem to the authors work setting of Tier 3 Children and Adolescent Mental health service (CAMHS). This paper has been divided into four parts. The first section defines and gives a brief explanation of the Basic Skills Component Domains of working with Children and young people including- Core competences for working with children and young people, Fundamental Cognitive Behavioural Therapy (CBT) Skills, Fundamental parent training skills, Cultural aspects of childhood and Parenting, Working with groupsRead MoreSchool and Home Factors Influence the Education of Children4177 Words à |à 17 Pagesphysical health and attitudes behavior, but in fact these factors play a major role in term of education interest and education quality. Several home factors we need to take into consideration are: 1. Family Condition Parenting Style Parentââ¬â¢s Income Parentââ¬â¢s Educational Background Sibling Interaction and Relationship 2. Living environment â⬠¢ Neighborhoods â⬠¢ House and its surroundingââ¬â¢sRead MoreComputer-Based Maternity Database System5623 Words à |à 23 PagesAbstract v Table of contents vii CHAPTER ONE INTRODUCTION 1 1.1 Background of the study 1 1.2 State of the problem 2 1.3 Purpose of the study 3 1.4 Aims and objectives 3 1.5 Scope of study 5 1.6 Limitations of study 5 1.7 Assumptions 6 1.8 Definition of terms 7 CHAPTER TWO LITERATURE REVIEW 8 CHAPTER THREE 1. Description and analysis of existing system 15 2. Fact finding method used 17 3. Hospital structure 19Read MoreStrategic Management for Ikea12190 Words à |à 49 Pagespositions which contribute in increase the firm value. Resources are limited in an organization hence, it is essential for IKEA to allocate the resources efficiently to archive best practice. With the help of resources base approach and corporate parenting, the allocation of resources can be done effectively and efficiently. At this level, The Ansoff Growth matrix is a tool that cans helps IKEA to decide their product and market growth strategy where the BGC matrix enable IKEA access the competitiveRead MoreDescribe with Examples How Schools May Demonstrate and Uphold Their Aims:14953 Words à |à 60 Pagesdifferent types of schools in relation to educational stages and school governance: ------------------------------------------------------------------------ P168 1.3. Describe roles and responsibilities of: --------------------------------------------------------- P174 1.4. Describe the roles of external professionals who may work with a school: --------- P194 1.5a. Define the meaning of Aims: -------------------------------------------------------------------- P205 1.6b. Define the meaningRead MoreStrategies for Promoting Positive Behaviour According with the Policies and Procedures of the Setting17778 Words à |à 72 Pagesschool uses detentions as a sanction; and o the school gives parents 24 hoursââ¬â¢ notice of detentions outside school sessions Statutory Guidance for governors Under Section 88 - a governing body must: â⬠¢ make, and from time to time review, a written statement of general principles to guide the head teacher in determining measures to promote good behavior; and â⬠¢ notify the head teacher and give him or her related guidance if the governing body wants the schoolââ¬â¢s behavior policyRead MoreHow Policies And Procedures Within Own Uk Home Nation Affecting The Safeguarding Of Children10453 Words à |à 42 Pagesit comes to education, food they want to eat, the clothes they want to wear and the setting they would prefer to stay. The law develops a positive partnership with other organisations such as health services, police and social services and they all work together as a team to protect and to support vulnerable children and young people who are at a higher risk of experiencing any type of abuse. All the organizations mentioned above share information to help look after children and young people and helpRead MoreSafeguarding in Health and Social Care6436 Words à |à 26 PagesSafeguarding in Health and Social Care Student Name: Student I.D: Submission date: 09/12/2015 CONTENTS PAGE Task | Page number | Task 1: Induction Pack on Abuse factors and contexts (1.1, 1.2, 1.3) | 4-12 | Task 2: Essay on the law in contexts (2.1, 2.2) | 12-19 | Task 3: Power point presentation on working practices and strategies (3.1, 3.2, 3.3) | 20-28 | References | 29-30 | TASK 1:Read MoreMarketing Plan for Entrepreneur10970 Words à |à 44 PagesAlmaty 2010 Content INTRODUCTION. 5 Chapter 1. THE ESSENCE, TECHNIQUES AND STRATEGIES OF MARKETING PLAN AND ITS CONTROL 6 1.1 The concept and the essence of marketing. 6 1.2 Components of marketing research. 7 1.3 Stages of marketing research process 8 1.4 Marketing plan and its essence. 9 1.5 Marketing techniques. 10 1.5.1 Marketing techniques in general. 10 1.5.2 Business behavior: marketing 11 1.5.3 Advertising, promotion, packaging
Wednesday, May 6, 2020
Investigative Report On Labour Market Trends - 1690 Words
Part 3: Investigative Report on Labour Market Trends CovieCares By Jacob Sullivan Hawkes What is a Labour Market? A labour market is the place where workers and employees interact with one another. The employers compete to hirer the best worker for the job and the workers compete to find the most satisfying jobs. It functions with demand and supply of labour. The firms demand is labour demand and the supply is the workers supply of labour. The labour market is influenced by changes in the bargaining power. What is Unemployment? The workforce is separated into two sections, the employed and the unemployed. An individual is defined as being employed if they work for one or more hour each week. An individual is defined as unemployed if they are currently available for work, currently searching for work and are unable to find it. As a result of an individual being unemployed, labour resources are not being utilised to their full potential in an economy. Nature, Causes and Effects of Unemployment Unemployment is a very large issue throughout the Australian community and means that an individual is out of a job or situation where they are willing to work but have none. For the very first time in 20 years, there is more than 800,000 unemployed people in Australia, and for every 5 people looking for work, there is only one vacancy available, making it harder than ever to find a job. The number of unemployed people looking for full time jobs is slowly decreasing, going fromShow MoreRelatedThe Rise And Fall Of Traditional Journalism1283 Words à |à 6 Pagesincreasingly fractured and factionalised market, which made it harder to sustain the illusion of objective journalism -- an illusion that was only really made possible by the presumption of a monolithic culture that held sway in the 1950s and 60s. A newly politicised journalism had an overall corrosive effect upon the perceived authority of the journalist, and good investigative journalism gave way to the rise of the pundit, an opinion maker who did little to report news and everything to shape it.â⬠Read MoreThe Labor Market Of China2456 Words à |à 10 PagesThe labor market in china has its unique features: cheap labor and huge labor force. These features have attracted many foreign investments and a consequently, the state owned enterprises started to suffer from competition. All these changes forced China to reform is labor relation system. This report aims to analyze the strengths and weakness of labor relation system in china, especially in terms of the strengths and issues in labor market and training. 1 Outperformance of labor markets in chinaRead MoreFactors of Career Choice3456 Words à |à 14 PagesHolland (1973/1985) developed a psychological approach ââ¬Å"to identify peopleââ¬â¢s occupational preferences and helps fit a personââ¬â¢s choices and organizational characteristics.â⬠(module handbook) It is referred to as RIASEC. RIASEC indicates Realistic, Investigative, Artistic, Social, Enterprising, Conventional. By the research of Taiwanââ¬â¢s high school students, we found that ââ¬Å"the R type is a very typical male-oriented type of careerâ⬠and ââ¬Å"girls, on the other hand, were more interested in the A-type fieldsRead MoreThe Business and Financial Analysis of Maldives Industrial Fisheries Company Limited7976 Words à |à 32 PagesREFERENCES 34 APPENDICES 35 EXECUTIVE SUMMARY The report will be based on study carried on business and financial performances of Maldives Industrial Fisheries Company Limited (Mifco) to assess the impact of opening the industry to private sector after very long period of time as a state owned monopoly. The analysis is based on Porterââ¬â¢s five forces model. It is mainly focused on threats the company faces and barriers placed to sustain as the market leader. As a conclusion of the study there are notRead MoreRussian Reform and Economics: the Last Quarter of the 20th Century2101 Words à |à 9 Pagesresist change. Perestroika identified many problems with the existing government, economics, and living conditions of the people. The lack of overall government regulations like unemployment insurance, a decent taxation system, and a centralized market caused many of the conditions. Another problem was the lack of legal infrastructure and protected property rights. The old factories in Russia couldnt keep up with the new technology of the Information Age. In 1987 Russia had less than 200Read MoreMarket Research Strategic Analysis: Apple Case in China5495 Words à |à 22 Pagessmart-phone and tablet market worldwide. By 2010, the company viewed itself as a ââ¬Å"mobile device companyâ⬠. Throughout time, Apple has witnessed changes in management and differences of opinion together with missed opportunities, and has sadly lost its competitive advantage to some other competitors like Microsoft, Dell, and Gateway. Apple continues to work on providing innovative products for its customers. Reaching its mission of penetrating and winning the world market of tablet and smart-phoneRead Moreau2 exam - cga10692 Words à |à 43 Pageslaws and regulations? 1) Include an emphasis of matter paragraph in the auditorââ¬â¢s report describing suspected non-compliance 2) Modify the audit plan, assuming fraud exists in the financial statements 3) Obtain further information to evaluate the possible effect on the financial statements 4) Document the areas of non-compliance and discuss with the clientââ¬â¢s legal counsel immediately c. The auditorââ¬â¢s report based on the results of the interim review of the financial statements prepared in Read MoreCase Study: Change Management Project11536 Words à |à 47 PagesDavies for Massey University College of Business to fulfil the requirements of Assessment Three: Change Management Project ââ¬â Case Study as part of NZ2 MBA Change Management paper. Dated November 2010 Strategy for Change CompuFix Inc. Report to Jerry Smiles covering strategic analysis, change direction and implementation plan for CompuFix Inc. Prepared by Brian Davies November 2010 * ABSTRACT - This page confidential to Jerry Smiles This strategic background and change managementRead MoreThe Airline Industry: Facing The Challenges Of The 21st Century20678 Words à |à 83 PagesJAMAICA AND GOVERNMENT SPENDING..............................................................4 SOCIAL AND LABOUR CONSEQUENCES IN THE 21ST CENTURY TRANSPORT INDUSTRY ...............................................................................................................................7 PASSENGER AVERAGE TRIP LENGTHS AND FARE LEVELS IN ..............................11 US DOMESTIC MARKETS ..................................................................................................11 AIRRead Morestrategic management for KPJ Penang8073 Words à |à 33 Pagesperform the following strategic management evaluations: Review its Vision amp; Mission Statements Perform External Audit Perform Internal Audit Conduct the SWOT analysis Sort various products/divisions of selected organization in BCG matrix. REPORT KPJ PENANG SPECIALIST HOSPITAL. Introduction KPJ Healthcare Berhad (KPJ) is one of the leading private healthcare providers in the region with a network of 21 hospitals in Malaysia and 2 in Indonesia. With more than 2,600 licensed beds, KPJ hospitals
A Little Brief Background On The Family Farm By Sylvia...
Sylvia Bojcvuk, born to Alexander and Albina Bojcvuk on their family farm on January 19th, 1928 in Ukraine. Little did this young baby girl know she was about to endure a tragic, yet adventurous life that would impact generations. A little brief background on Ukraine at the time of Sylviaââ¬â¢s youth in 1941 Germany and Romania invaded Ukraine changing the country to Romania, then 1944 Soviet soldierââ¬â¢s invaded naming it back to Ukraine, which seems to come full circle to today with the constant battle of Russia attempting to merge Ukraine into Russia for good. Unfortunately, Soviet soldiers have a dark history of raping many of the young girls when they invaded Ukraine in 1944. Sylvia was sixteen at the time and her mother and father hid her in their local farm, this constant hiding lead to Albina decided they could no longer remain in Ukraine, which is the beginning of Sylvia Bojcvukââ¬â¢s pilgrimage to a better life. The Bojcvuk family began by taking a train out of Ukraine, hoping to go South where both Sylviaââ¬â¢s older brother and sister currently resided, but the Soviet soldiers were blocking passage to the South so they had to go west, leaving behind Sylviaââ¬â¢s brother, Adolf, and sister, Eleanor. Unfortunately, Sylvia was never again reunited with her siblings. Adolf Bojcvuk later died of brain cancer in the 1980ââ¬â¢s, and Eleanor Bojcvuk resides in Romania today in her ninetyââ¬â¢s. Taking the train west, the Bojcvukââ¬â¢s resided in Austria where Sylvia attended nursing school,
Pete And Dave Criminal Law Essay Example For Students
Pete And Dave Criminal Law Essay Search and Seizure by definition refers to a police practice whereby a person or place is searched and evidence useful in the investigation and prosecution of crime is seized. The Fourth Amendment and Fourteenth Amendment to the United States Constitution and constitutionally limit the search and seizure by provisions in the several state constitutions, statutes, and rules of court. Generally, people instinctively understand the rights and concepts and of privacy. Its the freedom to decide which details of your life are private and public. Likewise, we acknowledge that society is served when the police, in appropriate circumstances, are allowed to investigate and confiscate contraband, stolen goods and evidence of a crime. However, the Constitution plays a significant role in our attempts to balance our desires for privacy against the legitimate needs of the police. It is the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures by state or fed eral law officers. Basically, this means that the police may conduct a search of your property according to the conditions: (1) The police can show that it is more likely than not that a crime has occurred and that if they are allowed to search, they will probably find evidence or contraband. This apparent and reliable fact that create a reasonable belief that a crime has been or is being committed is called probable cause. (2) A judge agrees there is probable cause and issues a search warrant, or the police are permitted to search without a warrant because of the particular circumstances involved. In People vs. Bennett, 70 Cal. Rptr. 2d 850 (Cal. 1998), the Supreme Court upheld the seizure of a motel room in which the investigating officer told the manager to put a cuff lock on the outside of the motel room. The defendant, who was arrested for a recent murder had been occupying the room and still had another 18 hours left until checkout time the next morning. The investigating officer ordered the motel manager to bar access to the room in order to prevent one of the defendants relatives from entering the premises and possibly destroy evidence of the murder. The intrusion on the defendants Fourth Amendment interests was minimal here because only the police prohibiting anyone from entering it impaired the defendants rights of possession in the room.However, there are exceptions to the warrant requirement that justify a search and is exempt from the general principle. The first one is Exigent Circumstances. The situations that are classified under the exigent circumstances except ion can be grouped into three categories. An exigency exists if: 1) there is a good chance evidence-either contraband, instrumentalities used in the crime, or the fruits of the crime-is being or will be destroyed or concealed; 2) it is likely a suspect will flee; 3) there is a real danger to people. In Conway vs. Pasadena Humane Society, 52 Cal. Rptr. 2d 777 (Cal. App. 1 Dist. 1996), the court noted that absent consent, exigent circumstances must exist for a warrantless entry into a home, despite probable cause to believe that a crime has been committed or that incriminating evidence may be found inside. The court pointed out that no hard and fast litmus test would be employed to determine when exigent circumstances exist, and the presence or absence of such circumstances is determined on a case-by-case basis. Two primary considerations in making this determination are if there is imminent danger to the police or public safety. However, the underlying offense was minor which was a v iolation of a leash law, therefore, no exigent circumstances were present justifying the warrantless entry of a home by Humane Society agents to impound the animal. The second exception to the warrant requirement is Destruction or Removal of Evidence. Where police have a reasonable belief that evidence is being or about to be destroyed, a warrantless entry may be permitted under this exception. Where police have an objectively reasonable fear that evidence is being or about to be destroyed and a reasonable belief that there are people within the home presently capable of destroying or hiding the evidence, and the officers fear is of an immediate or imminent destruction, the requirements of the exception are met. For example, In People vs. Ortiz, an officer was walking down a hallway in a motel, on his way to investigate reports of drug sales totally unrelated to the defendant, when he happened to look through an open door and see defendant and his female companion counting out packages of heroin and placing them on the table. Officer was at most six feet away from the pair, and as he could see them, they could certainly see him. The court noted that it is common knowledge that those in possession of narcotics will try to destroy them when seen by law enforcement. In addition, court discovered that the drug trafficking would have continued long before the officer could have obtained a search warrant, and the two may have been armed. Therefore, the officers warrantless entry to seize the narcotics was justified and valid. Although the fact that the grounds for arrest involve narcotics, if there is no indication of drugs being hidden or destroyed, it will not justify the arresting officer conducting a warrantless search of the arrestees home for narcotics. However, if the police are able to view contraband or evidence on your property without actually entering it, they have not conducted a search. In other words, you cannot have a reasonable expectation of privacy in an area that can legitimately be seen from outside your property. This means that the police can use what they have seen as the basis for getting a warrant to co me in and take a closer look. The situation would have to call for prompt action Furthermore, Law enforcement officers are allowed to take aerial photographs or come close enough to overhear your conversations-these actions are not considered searches. On the other hand, without a warrant or an exception to the rule requiring a warrant, officers are probably not allowed to use sophisticated equipment to discover what is on your property or to eavesdrop on your conversations. In general, if the investigation method is highly artificial and high-tech, its likely to be considered a search. Where the line is drawn, however, is not clear or consistent from state to state. The Hobby of Oil Painting EssayTo further examine the thin line as to what constitutes legal or illegal probable cause, the Supreme Court adjudicated Brown vs. Texas and Michigan vs. DeFillippo. In Brown vs. Texas, two police officers arrested a man who refused to identify himself and explain what he was doing in an alley. The premise for the arrest was a Texas statute that makes refusal of identity and addresses a criminal act. However, the person must be lawfully stopped. The officers claimed that the man had been approaching another bystander but upon observing the police, he walked away in the opposite direction. Chief Burger stated, Absent any basis for suspecting appellant of misconduct, the balance between the public interest in crime prevention and appellants right to personal security and privacy tilts in favor of freedom from police interference. So, the conviction was overturned. Another case similar is Michigan vs. Defillippo. Detroit police stumbled upon a man and woma n in an alley. The woman was in process of lowering her pants. Officers requested identity from the man, which was adamantly refused. The police then conducted a patdown search, which produced the discovery of narcotics. In this instance the conviction was upheld because here the arresting officer had probable cause to believe the suspects conduct had violated the ordinance. The respondent was also present with a woman describing the circumstance to warrant further investigation under the ordinance. It is by law to identify oneself when asked to do so by a police authority. Moreover, the respondents refusal to identify himself as the ordinance required was a direct violation of the law. In the case involving consent searches misinterpretation of the law is illustrated in United States vs. Whitfield. Whitfields mother refused to sign a written consent form but allowed FBI agents to conduct a search of her sons room. The agents had confirmed that Mrs. Whitfield owned the home, her son was not paying the rent, and his bedroom door was not locked. Accordingly, the agents believed that they had received a legal consent. The Circuit Court of D.C. disagreed, however. This appellate court proclaimed that although the agents truly believed Mrs. Whitfield could give an affirmative consent, the agents had misinterpreted the law in this situation because the mother had no authority to allow a search of her sons room. A case involving searches and seizures unconstitutionally is described in Rawlings vs. Kentucky (448 U.S. 98). In this case, marijuana seeds were in plain view of police officers legally on the premises. The occupants were told that they could leave the house only if they consented to a search. Consent was not given. Police then requested a warrant to search the house and planned on using that warrant to search the occupants. Forty-five minutes passed before the warrant was presented. However, the Supreme Court said that even this delay was unacceptable and detaining the persons until the warrant was issued violated the Fourth and Fourteenth Amendments for the occupants. In the Bill of Rights smith stated: The Fourth Amendment provides language about governmental search and/or seizures based upon probable cause. In addition, the Fourteenth Amendment guarantees every citizen the equal protection of laws and that no state shall deprive any person of life, liberty, or property without due process of law. The case was in direct violation of these rights of the occupants; therefore the search was deemed unconstitutional. Conclusively, search and seizure is a powerful tool for law enforcement but one that any person would take as a personal insult. I believe Law enforcement personnel must be educated with the legal and illegal procedures of this investigative process for the legislative views this intrusive method seriously. Search and seizure seems to be of a complex method of incriminating an individual that gives the law enforcement agencies more emphasis on the legal and correct way to execute this particular technique. Evaluating from the cases I have studied the evidence and facts are objective enough to label some of these law enforcement officers as incompetent and a negative reflection of the agency. My greatest concern for the authorities is to suppress their actions if they do not fully understand the concept and interpretation of the law. Bibliography:
Tuesday, May 5, 2020
Legal Aspects of International Business and Enterprise Sample
Questions: 1.Identify a Multinational Company Operating in Australia. 2.Identify any Regulatory Framework affecting the Multinational Company you have Identified Operating in Australia and Discuss why and how it affects the Company. 3.Identify any treaties, Conventions or Agreements that have Impacted on the Products or Services that Multinational Company Provides in Australia. Answers: 1.The chosen organization for the study is British Airways which also operates in Australia. The company operates in aviation sector and is one of the biggest in UK. It carries highest number of passengers, following EasyJet.It has global headquarters at London Heathrow Airport. Number of staff in Australia and Number of staff globally: In Australia, British Airways has around 2,900 employees (Topham, 2017) however the total number of employees is 42,322 till 2015. This statistic explains the whole number of workers who are employed at British Airways Plc globally between 2008 and 2015. The amount of BAs workers was reducing subsequent to the worldwide recession, however it started to raise once more in 2011 and raised to beyond 42K workers in the year 2015, even though this was again lesser than the staff members employed in 2008. British Airways has been seen as the flagship airways of the UK. Source: (Statists.com2015, 2017) 2.Air service agreements Air service agreements (ASAs), frequently alluded to as bilateral contracts, have negotiations among governments. The result is subject to the arranging force and current avionics strategies of the nations included and other national interests including tourism and exchange (International Airlines, 2012). The air servicing contract can set up standards connecting the job of IATA and ICAO, albeit nor is an immediate gathering to the arrangements (Abeyratne, 2005). The significant arrangements in a considerable lot of the first contracts depended on the 1946 understanding among the US and the UK, known as Bermuda I (DE ROOS, MILLS and WHELAN, 2010). The trading in air segment happens in the desire of corresponding advantages being allowed. This makes it unique in relation to exchange different merchandise and ventures, which are exchanged on a standard of near preferred standpoint. Air servicing understandings have formalized this idea of correspondence. The real arrangements change in every contract except they can incorporate perspectives on: market. access, named courses to be served by every nation, which opportunities are to be provided, limit (size of flying machine), recurrence of flights, and technique for deciding levies (Guidelines for the preparation, 2002). The bilateral conciliation procedure has the additional weaknesses of being lengthy, tedious, exorbitant and offering a level of insurance which may conflict with the interests of airplane terminals and local advancement by restricting development and openings (Carroll, 2011). Supporters of the administrative system, notwithstanding, contend that the flying business has picked up from the gauges set up, as the administrative structure allowed the efficient advancement of a perplexing industry all through the world. On the substance of it, the advantages and expenses of reciprocal air servicing contracts have changed extensively after some time, amongst understandings and individual courses: and between nations with built up airline(s) and those nations trying to build up new bearers. Customary respective air servicing understandings contain prohibitive and protectionist arrangements yet this is not to state the framework has fizzled the business. Universal avionics activity for Australia has developed amazingly over numerous years. Propels in innovation and advertising systems don't seem to have been restrained. Numerous nations, particularly creating countries, trust that the respective framework serves them well by guaranteeing measure up to rights in air transport game plans. Singular nations have fluctuating sentiments in light of saw national expenses and advantages, which mirror their diverse financial conditions and carrier abilities. The three institutional parts of the administrative administration, ICAO, IATA and reciprocal air servicing understandings, exist independently yet their exercises are interrelated. For instance, incorporating IATA taxes in reciprocal air servicing understandings gives them authenticity, henceforth agreeableness. Institutionalization and harmonization is served by each of the three. The administrative system, which bolstered the coordination and deliberate procedure of the universal avion ics administration, was set apart by an extremely stable period from the mid 1940s to the 1970s. Since the 1970s breaks have been showing up in the framework making a substantially more insecure condition than was already the case. The Australian Government in July 1992 built up the International Air Services Commission (IASC) as an autonomous statutory expert. The IASC's part is to dispense limit rights to Australian transporters and course privileges accessible under bilateral benefit understandings. In making its conclusions the MSC takes after an open advantage test. The Commission's strategy is to promote limit as it ends up noticeably accessible and welcome entries to work the course; these entries are set on the general population record and further remarks and entries might be made. On thought of these entries a draft assurance is made open and further remark welcomed. Taking after this a last assurance is made. The IASC may, whenever, embrace a survey of an assurance in the event that it accepts there might be reason for fluctuating, suspending or disavowing the assurance. The assurance must be differed, suspended or repudiated if: a term or state of the assurance has been ruptured; that an adjustment in conditions implies a break is likely later on; or the bearer does not utilize completely its designated limit. Beforehand, in Australia, worldwide limit rights had been accessible just to Qantas. With the 1992 presentation of a multi-designation approach by the Australian Government some reciprocal air servicing understandings should have been renegotiated. The Government has given Qantas a level of insurance amid the move to multi-designation by distributing to Qantas the limit and course privileges being utilized by it at26 February 1992 for a time of up to five years, after which the rights can be challenged at the reestablishment arrange. Qantas additionally got underutilized limit and course privileges adequate for it to present various arranged new administrations by November 1992 for a time of three years. Since its foundation the IASC has welcomed applications and entries for new limit covering a scope of courses all through the world. Extra bearers have been allowed abil ity to work global air administrations. Another range of late change was in aircraft possession and operation. Confinements on cross speculation between Australian bearers, and the refinement amongst household and global transporters, were expelled. In June 1992 the Australian Government declared that Qantas would have the capacity to buy Australian Airlines, and other Australian bearers would have the capacity to give global administrations, subject to criteria. In September 1992 Qantas concluded the buy of Australian Airlines. Residential transporters were currently ready to apply for assignment on global courses and Qantas initiated conveying local travellers on 1 November 1992. The third significant range of change was the presentation of multi-designation. Australian transporters, moreover 'to Qantas, are currently qualified for work as worldwide bearers in spite of the fact that for no less than three years get to is confined to new or unused limit. In June 1992 the Federal Parliament passed enactment building up the International Air Services Commission (IASC), which was given the continuous duty to choose aircrafts to work accessible worldwide courses (see prior area for extra subtle elements). The IASC has offered limit in a number of business sectors, at first Brunei, Burma, China, India and Sri Lanka, and later Austria, Bahrain, Egypt, France, Greece, the Netherlands and Switzerland, with all the more being offered as they end up noticeably accessible. Various existing and new Australian bearers connected for accessible limit under the new administrative condition in late 1992 to mid 1993. Some in this way pulled back their entries. The IASC made its first assurance in January 1993. It has allotted ability to Qantas, Ansett (beforehand a residential transporter) and Australia Air International, another bearer looking to open up administrations to China. National Airlines, an air freight non-scheduled aircraft, likewise got ability to give booked payload administrations to New Zealand. The formation of single aeronautics markets (or local coalitions) can possibly altogether impact universal flying game plans. Various global air service contracts might require to be generously updated. Regardless of whether a future framework will be really multilateral in nature or simply supplant nations with districts in conventional bilateral transactions is not clear till now. 3.As the stress of tax is being diminished for trade, it is essential that extra actions are taken to fortify the uprightness of Australia's corporate tax source. The Australian Government is focused on guaranteeing organizations pay the appropriate measure of tax in Australia as they work together in Australia. The Australian Government has effectively actualized intense fresh regulations to be decisive in opposition to tax evasion and have been driving the path in executing procedures harmonized through the G20 and OECD. A year before the Government initiated into assembly the Multinational Anti Avoidance Law (MAAL) to certify that substantial MNCs operational in Australia are accountable to the Australian tax regulations. The endorsement was ordered in December 2015. In the latest plans, the Government has focussed on expanding on accessible procedures by bringing an additional Diverted Profits Tax and altogether making the ATO's requirement abilities to be better. The Diverted Profits Tax will enforce a 40 % retribution rate of tax on substantial MNCs that try to shift their Australian servicing seaward to refrain from making tax- payments. Collectively, the MAAL and the Diverted Profits Tax are the basis to lift approx $650 million over four years as of substantial MNCs. These are authentic treads in the combat in opposition to corporate tax evasion that are equipped by further intense latest actions in the 2016-17. Budget also focussed on avoiding multinational servicing moving, reinforce requirement and enhance corporate tax straightforwardness. Harder commandments A fresh Diverted Profits Tax forestalling MNCs moving benefits created in Australia seaward to abstain from tax paymentsPutting off MNCs from abusing cross-country taxation contrasts to concede or abstain from tax paymentssupporting exchange estimating regulations with the most recent worldwide rules More grounded consistence A fresh Tax Avoidance squad will reinforce the ATO's review and consistence exercisesA fresh Tax Transparency system will empower more prominent tax straightforwardness by huge partnershipsProtecting informants that give data on tax evasion to the ATOImproving a divulgence administration to reveal forceful tax arranging plansIncreasing punishments for break of tax detailing commitments by vast organizations The fresh Tax Avoidance squad Requirement of offered laws and the extreme fresh actions declared in the 201617 Budget will be bolstered by extra subsidizing to the ATO to set up another Tax evading squad. The squad is there to seek after tax shirking by MNCs and high riches people. It is relied upon to lift up $3.7 billion of extra Government income throughout the following 4 years (Apps, 2017). Another Tax Transparency system The Government is focused on empowering more prominent tax straightforwardness inside the corporate segment, particularly by MNC. The Tax Transparency system will empower organizations with a yearly earnings of $100 at least million to distribute data to bolster more prominent and better educated open examination. The Government urges all organizations to receive the system from the 2016 budgetary year onwards. New assurances for informants The Government looks forward to present new informant assurances for individuals who unveil data regarding taxation wrongdoing to the ATO. Informants will have their character shielded and will be shielded as of exploitation and common and unlawful activity for revealing data to the ATO. These assurances will urge informants to approach and assist bolster consistence with Australia's tax regulations. Another facility for exposure of probable tax evasion The Government is resolved to enhance exposure of taxpayer data to the ATO, and will counsel on new principles needing tax and money related guides to report conceivably forceful tax arranging plans. These standards will present the ATO an additional instrument to battle the utilization of forceful tax plans and cut-off the open door for these plans to be showcased. Expanded punishments The Government will build the punishments for rupture of tax detailing commitments for organizations with worldwide wages of at least AUD 1billion. The Australian Government will build the most extreme punishment from AUD 4,500 to AUD 450,000 for neglecting to cabin tax proceeds and comparable tax records on time. There is a proposal for two-folding the punishments for putting forth false and deluding expressions to the ATO. These fresh punishments will drive plain message that the Government won't endure wrong or postponed tax revealing and organization by huge organizations. Source: (Detzen, Stork genannt Wersborg and Zlch, 2017) Making multinationals pay tax on what they gain in Australia The latest Diverted Profits Taxation will help guarantee that extensive MNCs are paying the perfect measure of taxation on services created in Australia. The Diverted Profits Taxing will start on 1 July 2017 and connect to MNCs utilizing manufactured or imagined game plans to decrease tax by redirecting benefits seaward. The Diverted Profits Taxation courses of action will furnish the ATO with more prominent forces to manage stubborn MNCs and give solid motivators to substantial organizations to pay a proper measure of tax. The Diverted Profits Tax will expand the ATO's extension to recognize huge multinationals trying to dodge tax by moving benefits out of Australia and will exact a taxing rate of 40% on exchanges that are gotten a punishment contrasted with the usual organization tax rate. The Diverted Profits Taxation will fortify Australia's situation as having among the hardest regulations on the planet to battle corporate tax evasion. The Diverted Profits Taxing will give the ATO more noteworthy forces to battle corporate tax evasion. Keeping the abuse of cross-nation tax contracts (Gov.uk, 2017), the Government will likewise close provisos that enable MNCs to abuse the contrasts among the tax dealing of elements and instruments crosswise over various nations. These provisos empower multinationals to acquire out of line tax points of interest over simply household organizations (Budget.gov.au, 2017). For instance, a credit from a parent organization to its auxiliary might be dealt with as value in one nation's tax regulation and obligation in any other. Devoid of the Government's progressions, the backup might have been permitted to assert a finding for intrigue instalments made to its host yet the host organization would not shell out taxation on those instalments. Ways to secure escape clauses, for example, these have been concurred by the OECD. These intense new 'hostile to half and half' guidelines will become effective by 1 January 2018 or six months taking after the contract (Bourassa and Hendershott, 2017). The Government will refresh enactment to close escape clauses that enable MNCs to utilize unnecessary related-party instalments to move benefits abroad and diminish the tax they shell out in Australia. Trade estimating regulations manage the manner in which organizations set costs for the exchange of products and enterprises among their distinctive organizations in various nations. The OECD has refreshed its direction on how these exchanges ought to be valued. The Government will alter enactment to guarantee this refreshed direction is applicable in Australia. The latest direction will make clearer the way in which licensed innovation and different intangibles can be evaluated and illuminate that it is the stuff as opposed to the legally binding type of an exchange that is important. References Abeyratne, R. (2005). Trademarks of the Airline Industry. The Journal of World Intellectual Property, 2(1), pp.155-167. Apps, P. (2017). Comment:Taxation reform and income Distribution in Australia. Australian Economic Review, 19(3), pp.57-59. Bourassa, S. and Hendershott, P. (2017). On the equity effects of taxing imputed rent: Evidence from Australia. Housing Policy Debate, 5(1), pp.73-95. Budget.gov.au. (2017). Budget 2016-17 - Making our tax system more sustainable (continued). [online] Available at: https://www.budget.gov.au/2016-17/content/glossies/tax_super/html/tax_super-01.htm [Accessed 25 Apr. 2017]. Carroll, S. (2011). Conciliation biology: the eco-evolutionary management of permanently invaded biotic systems. Evolutionary Applications, 4(2), pp.184-199. De Roos, N., Mills, G. and Whelan, S. (2010). Pricing Dynamics in the Australian Airline Market*. Economic Record, 86(275), pp.545-562. Detzen, D., Stork genannt Wersborg, T. and Zlch, H. (2017). Impairment of Goodwill and Deferred Taxes Under IFRS. Australian Accounting Review, 26(3), pp.301-311. International Airlines. (2012). 1st ed. [Place of publication not identified]: MarketLine, a Datamonitor business. Guidelines for the preparation of site nominating documentation for the East Asian-Australasian shorebird site network. (2002). 1st ed. Canberra: Environment Australia. Gov.uk. (2017). Doing business in Australia: Australia trade and export guide - GOV.UK. [online] Available at: https://www.gov.uk/government/publications/exporting-to-australia/exporting-to-australia [Accessed 25 Apr. 2017]. Statista.com 2015 (2017). British Airways' total worldwide personnel 2008-2015 | Statistics. [online] Statista. Available at: https://www.statista.com/statistics/309531/british-airways--total-worldwide-personnel/ [Accessed 25 Apr. 2017]. Topham, G. (2017). British Airways cabin crew to stage six-day walkout in pay dispute. [online] the Guardian. Available at: https://www.theguardian.com/business/2017/jan/27/british-airways-cabin-crew-walkout-strike-pay-dispute [Accessed 25 Apr. 2017].
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